- Section 56 to 71 of the Partnership Act deals with the provisions for the registration of a Partnership firm
- The Act does not make it mandatory to Register ones Firm.
- The act does not impose any penalty on non-registration, however there are certain disabilities for non-registered firms.
S.57-Appointment of Registrars
(1)The State Government may appoint Registrar of firm for the purposes of this Act, and may define the areas within which they shall exercise their powers and perform their duties
(2)Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Section58-APPLICATION FOR REGISTRATION.
(1) Subject to the provisions of sub-section of sub-section (1A), the registration of a firm effected by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee and a true copy of the deed of partnership stating :
(a) the firm-name,
(b) the nature of business of the firm;
(c) the place or principal place of business of the firm,
(d) the names of any other places where the firm carries on business,
(e) the date when each partner joined the firm,
(f) the names in full and permanent addresses of the partners, and
(g) the duration of the firm.
- It is not necessary that it should be registered at the time of its formation.
- The Act does not lay down any time limit within which the firm should be registered.
- If the firm remains unregistered, the firm and the partners would suffer inabilities mentioned under S.69
- If the firm is registered, & some partner have not been registered, -they will be subject to disabilities.
S.59 -Registration – When the Registrar is satisfied that the provision of section 58 have been duly complied with he shall record an entry of the statement in a register called the Register of firms, and shall file the statement.
We shall continue the remaining sections that deals with the provisions for the registration of a Partnership firm in our next article.
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